S 10679

        STATE OF NEW YORK
________________________________________________________________________
                                  10679
            IN SENATE
                             August 14, 2026
                               ___________
Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law,  in  relation  to  including
  certain  violations  involving children as qualifying offenses for the
  purpose of imposing bail
  The People of the State of New York, represented in Senate and  Assem-
bly, do enact as follows:
1  Section  1.  Paragraphs (t) and (u) of subdivision 4 of section 510.10
2of the criminal procedure law, paragraph (t) as  amended  and  paragraph
3(u)  as  added by section 2 of subpart B of part UU of chapter 56 of the
4laws of 2022, are amended and a new paragraph (v) is added  to  read  as
5follows:
6  (t)  any  felony or class A misdemeanor involving harm to an identifi-
7able person or property, or any  charge  of  criminal  possession  of  a
8firearm  as  defined  in  section  265.01-b of the penal law, where such
9charge arose from conduct occurring while the defendant was released  on
10[[his  or  her]] their own recognizance, released under conditions, or had
11yet to be arraigned after the issuance of a desk appearance ticket for a
12separate felony or class A misdemeanor involving harm to an identifiable
13person or property, or any charge of criminal possession of a firearm as
14defined in section 265.01-b of the penal law,  provided,  however,  that
15the  prosecutor must show reasonable cause to believe that the defendant
16committed the instant crime and any underlying crime. For  the  purposes
17of  this subparagraph, any of the underlying crimes need not be a quali-
18fying offense as defined in this subdivision. For the purposes  of  this
19paragraph,  "harm  to  an identifiable person or property" shall include
20but not be limited to theft of or damage  to  property.  However,  based
21upon  a review of the facts alleged in the accusatory instrument, if the
22court determines that such theft is negligible and does not appear to be
23in furtherance of  other  criminal  activity,  the  principal  shall  be
24released  on  [[his  or  her]] their own recognizance or under appropriate
25non-monetary conditions; [[or]]
26  (u) criminal possession of a weapon in the third degree as defined  in
27subdivision three of section 265.02 of the penal law or criminal sale of
 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                      [] is old law to be omitted.
                                                           LBD16281-01-6
S. 10679  2
1a  firearm  to a minor as defined in section 265.16 of the penal law[[.]];
2or
3  (v)  any crime where the principal is alleged to have caused physical,
4psychological, or emotional harm to a child  less  than  eighteen  years
5old.
6  § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
7section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
8amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
9part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
10agraph (xxii) is added to read as follows:
11  (xx)  any felony or class A misdemeanor involving harm to an identifi-
12able person or property, or any  charge  of  criminal  possession  of  a
13firearm  as  defined  in  section  265.01-b  of the penal law where such
14charge arose from conduct occurring while the defendant was released  on
15[[his  or  her]] their own recognizance, released under conditions, or had
16yet to be arraigned after the issuance of a desk appearance ticket for a
17separate felony or class A misdemeanor involving harm to an identifiable
18person or property, provided, however, that  the  prosecutor  must  show
19reasonable  cause  to  believe  that the defendant committed the instant
20crime and any underlying crime. For the purposes of  this  subparagraph,
21any of the underlying crimes need not be a qualifying offense as defined
22in  this  subdivision.  For  the purposes of this paragraph, "harm to an
23identifiable person or property" shall include but  not  be  limited  to
24theft  of  or  damage  to  property. However, based upon a review of the
25facts alleged in the accusatory instrument, if the court determines that
26such theft is negligible and does not appear to  be  in  furtherance  of
27other criminal activity, the principal shall be released on [[his or her]]
28their  own  recognizance  or  under appropriate non-monetary conditions;
29[[or]]
30  (xxi) criminal possession of a weapon in the third degree  as  defined
31in subdivision three of section 265.02 of the penal law or criminal sale
32of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
33law[[.]]; or
34  (xxii) any crime where the principal is alleged to have  caused  phys-
35ical,  psychological,  or  emotional  harm to a child less than eighteen
36years old.
37  § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
38criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
39added by section 4 of subpart B of part UU of chapter 56 of the laws  of
402022, are amended and a new paragraph (v) is added to read as follows:
41  (t)  any  felony or class A misdemeanor involving harm to an identifi-
42able person or property, or any  charge  of  criminal  possession  of  a
43firearm  as  defined  in  section  265.01-b of the penal law, where such
44charge arose from conduct occurring while the defendant was released  on
45[[his  or  her]] their own recognizance, released under conditions, or had
46yet to be arraigned after the issuance of a desk appearance ticket for a
47separate felony or class A misdemeanor involving harm to an identifiable
48person or property, or any charge of criminal possession of a firearm as
49defined in section 265.01-b of the penal law,  provided,  however,  that
50the  prosecutor must show reasonable cause to believe that the defendant
51committed the instant crime and any underlying crime. For  the  purposes
52of  this subparagraph, any of the underlying crimes need not be a quali-
53fying offense as defined in this subdivision. For the purposes  of  this
54paragraph,  "harm  to  an identifiable person or property" shall include
55but not be limited to theft of or damage  to  property.  However,  based
56upon  a review of the facts alleged in the accusatory instrument, if the
S. 10679  3
1court determines that such theft is negligible and does not appear to be
2in furtherance of  other  criminal  activity,  the  principal  shall  be
3released  on  [[his  or  her]] their own recognizance or under appropriate
4non-monetary conditions; [[or]]
5  (u)  criminal possession of a weapon in the third degree as defined in
6subdivision three of section 265.02 of the penal law or criminal sale of
7a firearm to a minor as defined in section 265.16 of the  penal  law[[.]];
8or
9  (v)  any crime where the principal is alleged to have caused physical,
10psychological, or emotional harm to a child  less  than  eighteen  years
11old.
12  § 4. This act shall take effect immediately.